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June 29, 2010

Ignition Interlock Bill Passes in California

Filed under: Los Angeles Criminal attorney — Tags: , , , — fayarfa @ 1:25 am

Guest Author Blog Article

Ignition interlock devices function similarly to breath analysis machines in that the driver must blow into a tube to have his or her breath alcohol content analyzed. If the driver’s reading is above legal limits, the car will simply lock up and the driver will be unable to turn it on.

California DUI defense attorneys have been waiting for the new, pilot Ignition Interlock Device (IID) law to take effect, requiring even first offenders to install an IID in four counties only.This pilot program goes from July 1, 2010, to January 1, 2016, in only the Counties of Alameda, Los Angeles, Sacramento, and Tulare.

It requires, as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation of DUI offenses (California Vehicle Code Section 23152), a person to install for a specified period of time an ignition interlock device on all vehicles he or she owns or operates unless exempted (see attached DMV notices). The amount of time the ignition interlock device would be required to be installed would be based upon the number of convictions, as prescribed.

The statute specifies IID terms below in the target counties

(7) A person is required to install an ignition interlock device for the applicable term as a condition of being issued a restricted driver’s license, being reissued a driver’s license, or having the privilege to operate a motor vehicle reinstated subsequent to a conviction for a violation or a suspension of a person’s driver’s license, as follows:

(A) A person convicted of a violation of Section 23152 shall be required to install an ignition interlock device, as follows:
(i) Upon a first offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of five months.
(ii) Upon a second offense, the person shall install an ignition interlock device in  all vehicles owned or operated by that person for a mandatory term of 12 months.
(iii) Upon a third offense, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 24 months.
(iv) Upon a fourth offense or any subsequent violation, the person shall install an ignition interlock device in all vehicles owned or operated by that person for a mandatory term of 36 months.

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